In the case of Pero-Joda Investments Pty Ltd v Moreton Bay Regional Council & Anor [2024] QPEC 39, the Planning and Environment Court of Queensland addressed an appeal concerning the conditions imposed on a development approval. The appellant, Pero-Joda Investments, sought to amend their notice of appeal to specify the basis of their appeal right, which pertained to conditions. While the council accepted the appellant's stance, the Chief Executive argued that the appeal right revolved around a deemed refusal preserved under the Integrated Planning Act 1997 (IPA). The case's complexity arose from transitional regulations between the repealed IPA, the Sustainable Planning Act 2009, and the Planning Act 2016. The appellant’s right to appeal was preserved under the Acts Interpretation Act 1954. Ultimately, the court found the appeal right to be valid as a conditions appeal, confirming its procedural continuity despite legislative changes. The appeal was adjourned for review to manage the procedural aspects and ensure the Department of Natural Resources and Mines was named in the proceedings.
Full text: https://www.sclqld.org.au/caselaw/148968
From the TLDR Caselaw archive